There are specific rental laws for landlords and tenants. If any of the both disrupts the rental laws, then they can approach an attorney to solve any arising legal problems.
A lease attorney can assist in studying your complaint and take the necessary steps.
Here is an overview of landlord-tenant rental laws for you to get started.
Notices and Entry- Specifications for Landlord
If the lease ends, then there is no obligation on the part of the landlord and you.
However, if the lease extended due to you as tenant occupying the premises for a longer period than a week than the date stated on the lease, then notice for termination is required.
If that occurs, the lease extended for a month-to-month basis.
- Yearly lease with no end date, then a 30-day written notice before the end of the year is necessary.
- Month-to-month lease, then a 10-day written notice before month’s end, is required.
- For a week-to-week lease, a 5-day written notice before the week’s end is needed.
- No statute dictates termination of tenancy with 24 hours notice or time to move-out inspection and notification of date about the same.
- The shut-off of utility services is not allowed. No notice required for terminating the tenancy on the fixed end date mentioned in the lease agreement.
- 5-day written notice is necessary for notice of termination of all leases on non-payment and termination for a lease violation.
A lockout is not allowed by the landlord, and he/she cannot put your possessions on-the road or take improper action by taking the law in their hands.
The landlord can only make any action through legal means and not resort to wrongful eviction.
If you have issues that relate to conditions listed here, then a tenant attorney is best to approach.
There are no provisions in rental laws regarding:
- Notice of termination for week-to-week leases on non-payment
- Notice before entry
- Emergency entry without notice
- Entry enabled with notice for showings
- Entry with notice for repairs and maintenance (non-emergency)
- Notice to tenants for the use of pesticide
- Entry at the time of tenant’s extended absence
Security Deposit Obligations of the Landlord
If the landlord fails to return the deposit as per these conditions, then you, as a tenant, can sue him/her for recovering the actual damages.
A tenant lawyer can provide all the essentials relating to security deposit statues and conditions.
- There are no statutes for receipt of deposit or record keeping of deposit withholdings.
- Itemized list of charges and damages (if any), and a written description of the same must be provided.
- There is no obligation for a maximum amount or interest charged on the security deposit.
- There are no statutes for separate security-deposit bank account or pet deposits.
- The deadline for returning the deposit amount is usually a month.
- As per law, the deposit amount can be only utilized as a remedy of default committed by the tenant or as a solution to unreasonable wear to premises, but for no other reasons.
Duties of Landlord towards Rent, Lease and Fees
The landlord should make reasonable attempts in mitigating damages to the lessee, with an attempt to re-rent.
However, there is no reference in law to attempt to re-rent, in case you have been evicted or the premises are said to be uninhabitable due to no fault at your end, the landlord could be required to mitigate such damages.
In a lawsuit regarding the landlord’s failure to comply with return requirements for a deposit, the court may award attorney fees to you.
The procedure of trial can be enhanced with an expert tenant lawyer.
- If required, you, as a tenant, can take necessary steps to make reasonable repairs and deduct these costs from the rent in case the landlord does not get the repairs done in a specified time after your demand.
- There is no obligation related to renting increase notice, early termination fee, abandonment, prepaid rent, or rent grace period.
- Also, no provisions are present wherein the tenant can hold the rent in case there is catering failure of essential services such as heat, water, etc.
- Late fees on rent can apply only if a clause about it was agreed upon in the lease.
- Similarly, rent due, if not clearly defined, can be contested if the landlord demands the same at any odd interval. Otherwise, rent due is countered at the beginning of each rent-paying period.
Disclosures and Miscellaneous Notes that Landlord Should Comply With
No statue is present for a copy of lease, name, and addresses. Fix an appointment with the tenant attorney to know all the miscellaneous and disclosure for rental laws.
- The landlord must comply with the duty to deliver possession of the premises to you, maintain the premises so that it is in habitable condition, make repairs when needed except for those for which you are responsible, and protect the lessee’s peaceful possession during the lease tenure.
- In the case of dating violence, domestic abuse, family violence against you, a local housing authority cannot terminate the tenancy. The landlord will be liable for persecution, as defined by the law.
Tenant Rights and Duties
Though you can get help from a lawyer to file a case against your landlord, it is important to understand your duties to not default, otherwise the landlord too can seek legal steps and contest against you.
- You must pay the rent in accordance with agreed terms.
- You must also use the premises for purpose as defined in the lease agreement.
- You have to return the premises at the end of the lease in the same condition as the property was at the time of possession, except for the wear and tear, and maintenance is done.
- You must notify the landlord if the premise has been damaged or needs repairs or if your possession was disturbed by a third party.
- You may not make changes to the premises, if not agreed upon for such actions in the lease agreement.
A rental law attorney is well-versed with landlord-tenant laws.
There could be several provisions for the above-mentioned conditions and depending on a scenario to another, the steps to action may differ.
To get your case reviewed from an expert lawyer, you can book an appointment for an obligation-free consultation.